Town of Cheektowaga v. Levitt

Appeal from an order of the Supreme Court, Special Term, Albany County, which granted respondents’ motion under section 1293 of the Civil Practice Act to dismiss the petition in a proceeding brought under article 78 of the Civil Practice Act to review a determination of the Comptroller of the State of New York which denied the application of the petitioner town under section 173 of the Town Law for the extension of a certain fire district. A careful analysis of the procedural steps taken and of the issues submitted appears in the opinion at Special Term. (22 Misc 2d 163.) The petition alleges…